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Laws & Regulations Database of The Republic of China (Taiwan)

Print Time:2024/11/24 02:43
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Chapter Law Content

Chapter 1 General Provisions
Article 1
These Rules are prescribed in accordance with the provisions of Article 18, paragraph 3 of the Foreign Trade Act
(hereafter referred to as "the Act").
Article 2
The term "textiles and clothing" as referred to herein means goods which have been so designated publicly by the
Ministry of Economic Affairs pursuant to the Act.
Article 3
The term "import relief case regarding textiles and clothing " as referred to herein means a case for which a petition has
been filed for investigation into the injury caused to an industry and for import relief pursuant to Article 18, paragraph 1 of the
Act.
The establishment of a case of injury to the industry as referred to in the preceding paragraph means an increase in the
imported quantities of the product concerned, resulting in the domestic industry producing the like products or directly
competitive products being seriously injured or threatened thereof.
Article 4
The term “domestic industry” as referred to in these Rules means the domestic producers of like products or directly
competitive products whose collective output of the products constitutes, as determined by the International Trade Commission
of the Ministry of Economic Affairs (hereafter referred to as the "Commission"), a major proportion of the total domestic
production of those products.
The term“like products”as referred to herein means textiles and clothing products having the same characteristics and
are composed of the same materials; the term “directly competitive products” means textiles and clothing products which,
despite the differences in their characteristics, are directly substitutable textiles and clothing products in terms of their utility
purpose and commercial competitiveness.
Article 5
The term "interested party" as referred to herein means:
1. foreign producers, foreign exporters, domestic importers or the commercial/industrial associations to which they belong as
members;
2. the government or its representative(s) of the exporting countries or the countries of the origin;
3. the domestic producers of like products or directly competitive products or the commercial/industrial associations to which
they belong as members;
4. other interested parties as identified by the Commission.
Article 6
In determining whether the domestic industry is seriously injured, overall consideration shall be given to the following
factors of the injured domestic industry and the change(s) in circumstances:
1. output,
2. productivity,
3. utilization of capacity,
4. inventories,
5. market share,
6. exports,
7. wages and employment,
8. domestic prices,
9. profits and investment,
10. other related economic factors.
In making a determination regarding the existence of a threat of serious injury, the factors and their trend of changes as
mentioned in the preceding paragraph shall be considered so as to evaluate whether the said industry would be seriously injured
if relief measures were not adopted.
The Ministry of Economic Affairs, in determining the injury in accordance with the preceding two paragraphs, shall consider
all evidence or data acquired in the investigation. When factors other than increased imports are causing injury to the domestic
industry at the same time, such injury shall not be attributed to increased imports.
Article 7
The Ministry of Economic Affairs may adopt import quotas as relief measures if it has, pursuant to these Rules,
determined that the industry has been injured in an import relief case.
Any import quota invoked pursuant to the provisions of these Rules shall be applied on a country-by-country or region-by-
region basis.
Article 8
In applying the aforesaid import quotas on a country-by-country or region-by-region basis, overall considerations shall
include:
1. sharp and substantial increases in imports, actual or imminent, from such a country/region or countries/regions;
2. a comparison of the scale of the increase as referred to in the preceding item with imports from other countries or regions
and their market shares;
3. a price comparison between the imported textiles and clothing and those of the domestic industry at the same trade level.
Article 9
With respect to an import relief case regarding textiles and clothing, the Ministry of Economic Affairs may, upon petition
by the relevant authority, the injured domestic industry, or the trade association representing the injured domestic industry or
the relevant entities, hand over the case to the Commission to proceed with the investigation.
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